(a) The legislative rule filed in the State Register on July
24, 2013, authorized under the authority of section four, article
one, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on November 5, 2013, relating to the Department of Health
and Human Resources (clinical laboratory technician and
technologist licensure and certification, 64 CSR 57), is
authorized.

(b) The legislative rule filed in the State Register on July
25, 2013, authorized under the authority of section four, article
one, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 9, 2013, relating to the Department of Health
and Human Resources (AIDS-related medical testing and
confidentiality, 64 CSR 64
), is authorized with the following
amendments:

On page two, subdivision 4.1.e, by inserting the following
after the period, "The cost of the test not be passed through to
the patient by a public health department."

On page six, paragraph 4.3.b.1., by striking out the words "an
oral" and inserting in lieu thereof the word "a";

On page six, by striking out all of subparagraph 4.3.b.1.A.
and inserting in lieu thereof the following:

4.3.b.1.A. The court shall require the defendant or juvenile
respondent to submit to the testing not later than forty-eight
hours after the issuance of the order described in paragraph
4.3.b.1 of this subsection, unless good cause for delay is shown
upon a request for a hearing: Provided, That no such delay shall
cause the HIV-related testing to be administered later than forty-
eight hours after the filing of any indictment or information
regarding an adult defendant or the filing of a petition regarding
a juvenile respondent.

4.3.b.1.B. The prosecuting attorney may, upon the request of
the victim or the victim's parent or legal guardian, and with
notice to the defendant or juvenile respondent, apply to the court
for an order directing that an appropriate human immunodeficiency
virus (HIV) test or other STD test be performed on a defendant
charged with or a juvenile subject to a petition involving the
offenses of prostitution, sexual abuse, sexual assault or incest.

On page six, by striking out all of part 4.3.b.1.A.1.;

On page six, by striking out all of paragraph 4.3.b.2.;

And renumbering the remaining paragraphs;

On page six, by striking out all of paragraph 4.3.b.6. and
inserting in lieu thereof the following:

4.3.b.5. The costs of testing may be charged to the defendant or juvenile respondent, or to that person's medical insurance
provider, unless determined unable to pay by the court having
jurisdiction over the matter. If the defendant or juvenile is
unable to pay, the cost of laboratory testing for HIV testing may
be borne by the bureau or the local health department.

4.3.b.5.A. The commissioner designates and authorizes all
health care providers operating in regional jails, correctional or
juvenile facilities to administer HIV tests, either by taking blood
or oral specimens, and transmitting those specimens to the Office
of Laboratory Services in accordance with instructions set forth
at: http://www.wvdhhr.org/labservices/labe/HIV/index.cfm.

4.3.b.5.B. Laboratory testing done on specimens sent to the
Office of Laboratory Services by health care providers for regional
jails, correctional or juvenile facilities shall be performed at no
cost to the jails, facilities or health care providers.;

And,

On page seven, by striking out all of subdivision 4.3.d. and
inserting in lieu thereof a new subdivision, designated subdivision
4.3.d., to read as follows:

4.3.d. A person convicted or a juvenile adjudicated of the
offenses described in this subsection may be required to undergo
HIV-related testing and counseling immediately upon conviction or
adjudication: Provided, That if the person convicted or
adjudicated has been tested in accordance with the provisions of subdivision 4.3.b. of this subsection, that person need not be
retested.

(c) The legislative rule filed in the State Register on July
24, 2013, authorized under the authority of section two-a, article
five-a, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on October 7, 2013, relating to the Department of Health
and Human Resources (Cancer Registry, 64 CSR 68), is authorized.

(d) The legislative rule filed in the State Register on July
24, 2013, authorized under the authority of section three, article
twelve, chapter sixty-one of this code, modified by the Department
of Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on November 5, 2013, relating to the Department of Health
and Human Resources (Medical Examiner rule for postmortem
inquiries, 64 CSR 84
), is authorized.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.